AFS

- 15

- 442

- E May 15, 2015

Exemption No. 11608 Regulatory Docket No. FAA

- 2015

- 0175

Victor H. Smith

Garofalo Goerlich Hainbach PC

On behalf of Tatonduk Outfitters Limited 1200 New Hamp shire Avenue NW Washington D.C. 20036

Dear Mr. Smith :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including t he date it ends.

The Basis for Our Decision

By letter dated January 23, 2015 , you petitioned the Federal Aviation Administration (FAA)

on behalf of Tatonduk Outfitters Limited ( Tatonduk ) for an exemption from § § 91.303(f) and 91.307(c) of Title 14, Code o f Federal Regulations (14 CFR) to the extent necessary to allow

Tatonduk to operate a specially modified Boeing 727 aircraft (B

- 727) under 14 CFR part 121

on behalf of the Zero

- Gravity Corporation (Zero G) in parabolic flight operations (1) when the flight visibility is less than 3 statute miles

, and (2) without each occupant of the aircraft wearing an approved parachute when the pilot executes an intentional maneuver that exceeds

a nose

- up or nose

- down attitude of 30 degrees relative to the horizon.

The F AA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Tatonduk

.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 8333 (copy enclosed), the FAA

found that

, for the reasons presented, the proposed exemption would be in the publi c interest.

The FAA found that subject to compliance

, with certain conditions and limitations

, safe flight operations could be provided and that such flight operations under these conditions and

limitations could provide an equivalent level of safety with other part 121 operations.2

In drafting the current part 121 pilot training and qualification requirements, the type of operations proposed by Zero G were never considered. There are no requirements to demonstrate proficiency in the type of flight maneuv ers that have been proposed, in order to be issued an FAA pilot certificate. Therefore, the FAA finds that the training and qualification requirements contained in the conditions and limitations of this document are essential. Furthermore, because visual meteorological conditions might not exist during the operations conducted under this exemption, each Tatonduk pilot who operates under this exemption must demonstrate proficiency in each maneuver by reference to only the flight instruments in the airplane

.

The FAA found that STC No. ST01051LA (STC) had been issued and b ecause of the details of the specific maneuvers Tatonduk pilots perform

, in order to satisfactorily provide a zero gravity experience, the FAA added condition and limitation requirements necessary in this exemption in order to ensure that Tatonduk pilots will not exceed any limitations contained in

either the STC or the approved airplane flight manual

.

Having reviewed your reasons for requesting an exemption, I find that

—

• they are similar in all material respects to relief previously requested in the e nclosed Grant of Exemption No

. 8333 ;

• the reasons stated by the FAA for granting the enclosed Grant of Exemption No

. 8333 also apply to the situation you present; and

• a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Tatonduk Outfitters Limited an exemption

from 14 CFR § § 91.303(f) and 91.307(c) to the extent necessary to operate a specially modified Boeing 727 aircraft (B

- 727) under 14 CFR part 121 on behalf of the Zero

- Gravity Corporation (Zero G) in parabolic flight operations (1) when the flight visibility is less than 3 statute miles and (2) wi thout each occupant of the aircraft wearing an approved parachute when the pilot executes an intentional maneuver that exceeds a nose

- up or nose

- down attitude of 30 degrees relative to the horizon , subj ect to the conditions and limitations described

below.

Conditions and Limitations

1. Tantonduk /Zero Gravity must comply with part 121 for these “for hire” parabolic flight operations.

2. The Boeing 727 aircraft (B

- 727) for which STC No. ST01051LA has been issued must be included in Operations Specifications A0 03 paragraph a. authorizing the conduct of operations under the provisions of Title 14 CFR Part 121.

3. Prior to conducting any operation under this exemption, Tatonduk must obtain amended operations specifications (OpSpec) that:

a. authorize approval to operat e under this exemption, and3

b. include OpSpec A362 Parabolic Flight Operations (a copy of which is attached hereto).

4. Tantonduk may not conduct operations under this exemption unless it complies with the provisions of operation specification paragraph A362 ( attached hereto).

5. Prior to conducting any operation under this exemption, Tantonduk must develop, receive FAA approval of , and satisfactorily conduct the following pilot training and qualification

a. Enter into and recover from nose

- up and nose

- down attitude s of plus or minus 30 degrees relative to the horizon

, b. Demonstration of proficiency in each maneuver must be shown by reference to the airplanes flight instruments only , and

c. All maneuvers must be performed in either the airplane, or in a flight simulator

t hat the FAA finds has the capability to replicate the listed maneuvers.

6. Prior to conducting any operation under this exemption, Tantonduk must submit approved documentation to the FAA principal operations inspector (POI) assigned to

Tantonduk describing t he:

a. Maximum positive and maximum negative “g” forces,

b. Maximum positive and negative pitch attitudes,

c. Maximum airspeed, and

d. Maximum vertical velocity

that will be encountered during each maneuver.

7. Prior to conducting any operation under this exemption, t he FAA principal maintenance inspector (PMI) assigned to Tantonduk must, after consultation with the POI, find that all data provided in numbers 5 a through 5 d above are approved in the STC and that no limitation in either the STC or the approved airplane f light manual

will be exceeded.

8. Operations conducted under this exemption by Tantonduk are limited to only those conducted under the long

- term operations agreement between Tantonduk and Zero Gravity.

9. Prior to conducting any operation under this exemption, Tantonduk must enter into and obtain an approved memorandum of agreement (MOA) with the FAA air traffic control (ATC) facility exercising control of the airspace in which each flight under this exemption will be conducted. Tantonduk must describe to ATC’ s satisfaction, descriptions of the maneuvers and procedures with which Tantonduk will comply and also any other information that ATC requests. In conjunction with the appropriate ATC facility, the proposed operations must be scheduled during off

- peak tra vel times so as not to disrupt the use of the navigable airspace for other aircraft operations. The applicable ATC facility will determine the specific requirements, but ideally the proposed operations would be limited to one airport and would occur betwe en 2 a.m.4

and 6 a.m. (local time), when there is minimal aircraft traffic. The FAA specifically notes that navigable airspace is a valuable and limited resource, and that it is neither practical nor desirable to restrict the general public’s use of the ai rspace in order to accommodate the private commercial enterprise of one user. Moreover, the performance of parabolic maneuvers amid more traditional aircraft operations could have an adverse impact on safety and would unfairly infringe upon other users. Thus, the FAA imposes the foregoing restrictions and limitations in order to ensure safety and to allocate the use of the navigable airspace fairly.

10. Tantonduk must conduct each flight under this exemption in accordance with all requirements or prohibitio ns contained in the approved MOA with the FAA ATC exercising control of the airspace in which each flight under this exemption will be

conducted.

11. Prior to each operation under this exemption, Tantonduk must file an instrument flight rules (IFR) flight pla n and must conduct that flight in accordance with an IFR ATC clearance issued by the FAA ATC facility exercising control of the airspace in which each flight under this exemption will be conducted.

12. This exemption is not valid for operations outside of the United States.

This exemption terminates on May 30, 2017 , unless sooner superseded or rescinded.

Sincerely,

//s// John Barbagallo Deputy Director, Flight Standards Service

Enclosure